ARTA RESEARCH THESIS Chapter 2
ARTA RESEARCH THESIS Chapter 2
ARTA RESEARCH THESIS Chapter 2
This chapter provides all the substantial writings relevant to the study.
This is to establish sufficient documentary basis which will support the present
undertaking. In addition, this chapter will provide the theoretical and conceptual
frameworks of the study which were developed through the readings made after
Related Literature
literatures in order to fully understand the study being undertaken. The following
reforms advance human rights when they improve the state’s capacity to fulfill its
responsibility to provide public goods which are essential for the protection of a
number of human rights, such as the right to education, health and food. Reform
sensitive policy tools to ensure that services are accessible and acceptable to all,
India ranks 83rd among 133 countries in the Corruption Perception Index
and Bangladesh rated as more corrupt. Notably, India’s economic and political
17
rival China is ahead at rank 66, even though they do not have a comparable legal
system based on the tradition of English common law. A new World Bank report
argues that red tape and stifling bureaucracy juxtaposed with abject poverty (and
Economist, shows how poor countries' governments often tie their own people
reducing red and green tape after writing to all cabinet ministers just before
reductions for policy approval and drafting. On the same day, parliament was
presented with the Omnibus Red Tape Repeal Bill and a series of specific bills
political support can mitigate the negative effects of red tape. Bureaucratic red
tape is a concept that both holds widespread popular appeal and is one of the
Another definition was given by Dolores Umbridge, she said that red tape
rules, and rigid adherence to “by the book” conduct in the face of extenuating
requirements that waste people's time without delivering any public benefit. In the
hands of the spin doctors, however, it's being used to encompass everything
that somewhere in there is some genuine, time-wasting red tape we're better off
without, but it doesn't add up to much - hence the need for so much padding.
Governments of both colors are always promising to roll back red tape, mainly
because it gives people such an emotional charge. But while it's true there are
tape is in the mind of the beholder: its red tape if you don't like it and good
perceptions that red tape is determined not only by situation itself but also by the
frame of preference through which it is viewed. Gouldner was one of the first to
suggest the possibility that red tape could be distinguished in terms of subjective
organization passes from its initial entrepreneurial and collectivity stages into its
control stage. It begins to enter into a phase marked by the elaboration of rules.
effectiveness.8
reliance and red tape. She noted that although formalization is characteristically
procurement red tape. In sum, although formalization and red tape are related,
they are distinct concepts. Formalization has consequences well beyond the
organizational red tape and work alienation. She said that while bureaucratic
relationship between red tape and managerial alienation has not been explicitly
pointless yet burdensome, these encounters may simultaneously trigger the key
organizational red tape is statistically significant and negative in all but the job
technology routineness.10
red tape and then to apply the theory to the question “Why do government
organizations have more red tape?” The perspective presented assumes that red
total organization resources. The theory makes a distinction between rules that
are at their origin dysfunctional (rule-inception red tape) and rules that initially
served a useful function but transformed into red tape (rule-evolved red tape).
Specific causes of each type red tape are identified. A distinction is made
regarding the internal vs. external production and impact of red tape and a
typology is developed which is used in hypotheses about red tape. Finally, the
between external control and red tape is presented. The model implies that most
factors leading to red tape are not an inherent function of government. However,
21
two inherent factors of government are cited, each of which gives rise to red
tape.11
The 1987 Philippine Constitution provides that, "The State shall maintain
honesty and integrity in the public service and take positive and effective
said act on July 24, 2008. Anti-Red Tape Act of 2007 and its IRR aim to promote
each office or agency with regard to the manner of transacting with the public.
service standards for clients to observe or follow in every transaction and make
According to Francisco Lim, a political analyst, red tape and the resulting
corruption in the government have consistently made the Philippines fare badly in
competitive surveys among countries around the world. In the process, investors
shy away from the Philippines, thereby sinking more of our people deeper below
the poverty line. Anti-Red Tape Law is a step in the right direction. This is
also ease doing business in the Philippines and improve our image as an
Our battle against red tape and inefficiency in our bureaucracy will never
be an easy task, former interior secretary Ronaldo Puno added. He stressed that
red Tape has long been embedded in our culture, with Filipinos having to deal
and timeliness to be expected from the agency in rendering these services.” The
government alone cannot win this war. It needs the support of our local
government units, the private sector and the rest of our citizenry to succeed in its
procedures that hamper the flow of government work and the provision of
frontline services. The local officials should actively take part in carrying out the
transactions. Puno said the ARTA was the government’s response to the
target for continuing study. The delay in official transactions is breeding grounds
and provides opportunities for corruption. For this reason, neither should be
tolerated. For delays alternate citizens from their government, aside from hiking
23
transaction costs; while corruption makes the country poor and living in it
oppressive.16
Philippines, the task of eliminating red tape looks daunting but there is a glimmer
of hope if a Citizen’s Charter is set up in every government office. With the Civil
together with the Office of the Ombudsman (OMB) and the Presidential Anti-Graft
Tape Act of 2007, lays down the strategic interventions to promote and develop
law.17
Mary Ann Bayang, a human rights advocate, states that red tape in the
government has been so ingrained in the system that it is like a plague that has
been there for a very long time and it seems like we cannot get rid of it. The
public generally has lost confidence and trust on the government’s capacity to
deliver basic public services due to widespread red tape. The Act seeks to
penalize any public officer or employee who fails to act on applications for
permits, retirement benefits or compensation and the grant of any privilege, right,
release of, money for services rendered, or for supplies and materials delivered,
Art Tibaldo, journalist, emphasized that red tape has become part of the
country’s history, a practice rooted in our culture that continues to stain our
units. It describes the step-by step procedure for availing a particular service, and
the guaranteed performance level that they may expect for that service. Mounted
outline the vision and mission of each agency stating the frontline services that
obtaining a service was attended to without much delay. The same rules apply
public assistance, the Anti-Red Tape Act encourages government offices to have
frontline services offered shall be available for consultation and advice. The desk
shall be attended to at all times even during office breaks including lunch
period.19
“We have to simplify and make our procedures more transparent to avoid
25
On the other hand, Senator Juan Edgardo "Sonny" Angara stressed out
that "Red tape can result to poor investment and competitiveness as it can drive
away potential investors who are discouraged to deal with the government and
The numbers are improving but we should aim for the best. No government office
should be failing the anti-red tape test anymore. Among the salient provisions of
Anti- Red Tape Act include the no-noon break policy, no fixing activities, easy-to-
and the implementation of the agency's Citizen's Charter which contains the
types of frontline services offered with the step-by-step procedure, the person
responsible for each step, time needed to transact, documents required, and
fees. “The people should know their rights when dealing with the government,
Assistant RDO Modesto R. Avila Jr. reiterated that RA 9485 is “An act to
reducing bureaucratic red tape, preventing graft and corruption and providing
penalties therefore”. He said that as mandated in the RA 9485 the BIR is directed
to comply with the prescribed policies and procedures, including the processing
related frontline activities. Avila said that the frontline services include:
or facilities.22
He explained that the BIR is also tasked to post their vision and mission at
policy, posting of CSC Anti-Fixer Campaign Banner and the use of suggestion
boxes or other feedback mechanisms. He also added that they will organize their
office in order to comply with the requirements for the full implementation of the
DTI Secretary Gregory Domingo admits that even with the system now
computerized, it still takes between four to eight hours to apply for a business
name in many parts of the country. He agrees with the Department of Interior and
established a “Fix the Fixers” campaign, in an attempt to get the public involved
in helping reduce the crime and increasing revenues associated with business
and other permits. The Anti- Red Tape Act is in fact only the latest in a long line
First, Not Later) program in 1994 which encouraged a client who is dissatisfied
with the service of a government office to file a complaint at the Civil Service
Marlon Es. Ditan stated that Anti-Red Tape Act was enacted to improve
bureaucratic red tape and to prevent graft and corruption and the Civil Service
Commission is one of the leading agencies that implement and supervise the
provisions of the Anti-Red Tape Act of 2007. The commission regularly monitors
the agencies and instrumentalities of government through its Anti-Red Tape Act
Watch. 26
Related Studies
28
previous study focused on two programs each for health and peace and order. 27
This study is related to the present study for the reason that both focused
on social services oriented topics. However, the two studies differ because
Echano’s study focused more on social services programs while the undertaking
the present study also took into consideration R.A. 9485 wherein the past study
Order in the Municipality of Manito in the year 2007”. In this study, Manata
focused in knowing the status of peace and order in Manito and how the
28
programs for maintenance of peace and order were implemented.
This study is related to the present study in the sense that both studies are
concerned with the delivery of social services to the people. However, the
present study focuses on the general concept of social services while the
Manata’s study emphasized on the social service which is peace and order.
29
Further, both also differ with the locale wherein the researchers will acquire
respondents.
reduction program, the programs on education were effective while the projects
both tackled on the services offered by the local government offices. Also, both
studies aim to know if the services rendered are properly delivered to the people.
The studies differ because the present study focused on the offices rendering the
services while the past study focused on the project that has social services.
In the thesis of Barbin and Gile, it focused on the ordinances with regard
related to the present study in the sense that it both deals with the services
offered to its inhabitants. The previous and the present study are both anchored
on the social services delivered by the Local Government Units; however this
present study focused on particular social services oriented LGU offices in the
Jails in Albay Province (2008)” was designed to determine the services provided
by the city jails in Albay to their inmates. This study also tackled the extent of
30
implementation of the jails’ services and the problems encountered by the jail
matters. The results of the study concluded that the inmates are not satisfied with
the other services such as food, shelter, water, health education and skills
training. Only the mail services were rated fully implemented by the inmates.
inmates. The researchers further concluded that not all jail services under RULE
This study and the present study have a something in common which is
service. The present study focused on the social services received from the local
government offices in doing transactions while this study focused on the services
Another study which bears relation to the present study was done by
Añola and Betitio. The study conducted sought to determine the development
Rapu, Albay. The researchers aimed to find out everything about the programs
being implemented by the center from the residents’ perspective. Like the study
on Jail Services, the implementers suffer from lack of fund. The researchers also
concluded that the respondents are also slightly aware of the development
programs of the Social Action Center. It was also concluded that the
recommendations derived from the findings are more on the attitude of the
31
residents and those persons involved in the development programs towards its
enhancements.32
This study and the present study are related due to the fact that both
studies are focused on the services rendered by local government agencies. The
difference between these studies is that the present study’s scope is more on the
the present undertaking and the past study differs because the present study’s
to 2010”, found out that the challenges encountered by the Local Government
This is related to the present study because it also aimed to determine the
study focused on the Anti-Red Tape Act of 2007, while the other emphasized the
Furthermore, both studies differ because the present undertaking is concern with
that it is discussed on leadership as well as the task they have to perform that will
The present study also discusses on the performance and task of LGU of
Daraga which they should perform in terms of the delivery of benefits to its
employees. This is related to the present study for it both focused on the
evaluation of the performance of the officials and the employees. It stressed the
services, general hygiene and peace and order. Portan study is related to the
present study since both are concerned with the problems encountered in the
implementation of basic services like support services, social welfare service and
health services.
Arimado, et al in their field research found out that the social services
delivered.36 The group was also able to include the problem encountered in the
This is related to the present study since both study dealt on the delivery
of benefits to its constituents the benefits being rendered by present study are
The review of related literature and studies revolved around anti-red tape
The study of Echano, Manata, Loseriaga and Montillano, Barbin and Gile
includes the agricultural support service, social welfare, general hygiene and
peace and order. It was strengthened in the study of Barbanis which highlighted
the need for teamwork and a good relationship between the government and the
clienteles. Hence, the government should employ effective leadership to the task
It was concluded that the attitude of the residents and the persons involved in the
Similarly, the study of Arimado, Bea and Balleta showed that the challenges
each barangays and uninformed citizens and lack of personnel to monitor the
Service Office offered by the LGU of Masbate City. Contained in the previous
section are studies related to the problem at hand. All dealt directly or indirectly
Upon the thorough examination of the related literature and studies, the
researchers target to bridge the gap. One significant aspect of this study is to
draw the relevance of implementing this procedure and the recommendations for
scope and its respondents. Therefore, the present study is not a duplication of
the abovementioned studies. This study bridged the gaps that are left out in the
previous studies.
their clientele are the target respondents. Furthermore, this was revealed on how
far the compliance of Anti-Red Tape Act. The time frame, respondents, locale of
the study and the problems in consideration differentiates the present study from
other studies.
35
Theoretical Framework
Laws are made to aid the citizens and maintain peace and order in the
country. One of this is the anti-red tape act that was implemented in the year of
2008 which focuses on preventing and removing the fixers in every government
agencies. Thus, the researchers proposed the study of “The Compliance anti-red
tape of the Social Services in LGU in Masbate city” in the case of delivering
Liberalism.
liberalism should include social justice. This type differ from classical liberalism in
that it recognizes a legitimate role for the state in addressing the economic and
social issues while simultaneously expanding civil rights. Under social liberalism,
The new liberals believe that equal rights in life could not be achieved by
merely ensuring that the individuals did not physically interfere with each other or
by merely having laws that are impartially formulated and applied. More positive
and proactive measures were required to ensure that every individual would have
Every human society has some form of social order, some way of marking
social justice in the community. One of this is the Anti- Red Tape Act 2007. It is
implemented to build discipline and trust between the servant and the client and
to do away with the custom of fixers and fixing. The implementation of this act
offices. Its function cannot be achieved without the effective response of the
the institution as a whole and the client as an individual. With the realization of
GOVERNMENT
Equal Equal
Benefits Opportunities
Equal
Protection
Theoretical Paradigm
Figure 1
38
Conceptual Framework
among its public officials and employees and promote transparency in each
agency with regard to the manner of transacting with the public in accordance to
Anti-Red Tape Act of 2007, as a result of these, Masbate city were one of the
highest ranking LGU all over the Philippines. Thus, Masbate city were able to live
up to the basic duty of the government which is to provide efficient and quality
observed the strict implementation of the law. The respondents of the study are
called clientele. They are the ones who avail the services from several
government offices. In connection to these, this study tackled about the Socio-
the services rendered by the three offices covered in this study. Along with the
examination of the problems encountered, the employees and its clientele have
proposed measures that serve as the solutions in combating the flaws of the said
law and shall be considered feedbacks. Furthermore, this study revealed the
RA 9485
Anti-Red Tape Act
Socio-demographic
profile of the
Respondents
Compliance of the
selected Social Service
Offices
Problems encountered
Proposed
Measures/Solutions
Implications
Figure 2
Conceptual Paradigm
40
Definition of Terms
To clearly identify the topic under investigation, the following terms used in
Anti-Red Tape Act. Signed to law as the “Anti-Red Tape Act of 2007”, it is
public affairs and public property as well as to establish effective practices aimed
Clients. This refers to the costumers collectively. 40 In this study, they are
the people who affords the services of the different government agencies.
concerned.41 In this study, these are the services that the various government
it refers to the impact of the program in the lives of the employees and their
clientele in general.
Masbate City. It is one of the major cities in the Bicol Region. In this study,
it is the target local government unit who formulates and implements the Anti-
intended as means to an end. 43 In this study, these are the suggestions of the
clienteles and the offices on the problems they’ve encountered on how they may
involving doubt, uncertainty or difficulty. 44 For the purpose of this study, they are
Respondents. This refers to the person who answers. 45 In this study, they
in Masbate City. These clienteles are also residents living in the coastal areas of
Masbate.
something.46 In this study, it refers to the Local Government Unit offices that
LGU Offices. This refers to the bureaus under the Local Government Unit
which employs the basic delivery of services. 47 In this study, it refers to the office
which delivers frontline services in line with the social service namely; Bureau of
services.48 In this study, it refers to the manner of offering the services rendered
plan in achieving one common goal.49 In this study, it refers to the persons who
implements Republic Act no. 9485 or also known as the Anti- Red Tape Act.
Furthermore, they are also part of the respondents of the said study to evaluate
sector of the population in order to develop them into productive and self-reliant
citizens and promote social equity. 50 In this study, these are the plans laid by the
Local Government Unit of Masbate City to help uplift their constituent’s life status.
43
Notes
http://www.ohchr.org/en/Issues/Development/GoodGovernance/Pages/G
1
oodGovernanceIndex.aspx
http://articles.economictimes.indiatimes.com/2003-11-
2
01/news/27530441_1_red-tape-e-governance-sale-deed
http://www.theaustralian.com.au/national-affairs/repeal-day-to-target-
3
government-red-tape/story-fn59niix-1226800230408#
15
Primer on RA 9485 (Anti-Red Tape Act of 2007) Published by Local
Government Academy, Department of the Interior and Local Government
16
Ibid.
17
Kalaw, Antonio, Anti-corruption be integrated into Development,
Retrieved from http://www.businessesfightingcorruption.org/, April 21, 2014,
03:29:10 PM
18
Bayang, Mary Ann, Brutally Frank: Face Off at Galle Face, Retrieved
from http://www.nordis.net, April 21, 2014, 03:29:10 PM
19
Tibaldo, Art, Need Servicing? Patronize DTI Accredited Repair Shops,
Retrieved from http://artibaldo.tripod.com, April 21, 2014, 03:29:10 PM
20
Baldoz, Rosalnda, Baldoz grins for labor sector over Philippine
competitiveness rise, Retrieved from http://www.sunstar.com.ph, April 21, 2014,
03:29:10 PM
21
Angara, Edgardo, Retrieved from http://www.senate.gov.ph, April 21,
2014, 03:29:10 PM
22
Manlangit, Rosalita, BIR RDO 64 to implement immediately anti red tape act,
Retrieved from http://www.inquirer.net, April 21, 2014, 03:29:10 PM
23
Ibid. p.59
24
Domingo, Gregory, PNoy confers performance quality award to PIA, 4
other institutions, Retrieved from http://archives.pia.gov.ph, April 21, 2014,
03:29:10 PM
25
Reyes, Bernadette, Retrieved from http://www.lawphil.net/, April 21,
2014, 03:29:10 PM
26
Ditan, Maria, Retrieved from http://www.masbatecity.gov.ph, April 21,
2014, 03:29:10 PM
27
Echano, Jesslayn, “The Perceived Level of Effectiveness of Implemented
Social Services Programs in Legazpi City from 2007-2020 2008 (Undergraduate
Thesis, BUCSSP, Daraga, Albay, March 2010)
28
Manata, Lita, “Implementation of Programs on Peace and Order in the
Municipality of Manito in the year 2007(Undergraduate Thesis, BUCSSP,
Daraga, Albay, March 2009)
45
29
Shonley B. Loseriaga and Mae M. Montillano,”Poverty Reduction
Projects in the Municipality of Pilar, Sorsogon (Undergraduate Thesis, BUCSSP,
Daraga, Albay, March 2011)
30
Gile,Mejardo, et al, “Social Services delivered by the LGU of Sorsogon
City in its selected Coastal Barangays.” (Undergraduate Thesis, BUCSSP,
Daraga, Albay)
31
Agripa and Torres, “ Implementation of the Services Provided by the City
Jails in Albay Province (2008) (Undergraduate Thesis, BUCSSP, Daraga, Albay)
32
Añola and Betito, “Social Action Center Programs and Services for the
Development of Rapu-Rapu, Albay. (Undergraduate Thesis, BUCSSP, Daraga,
Albay, March, 2012)
33
Bea, Zierra Mae C. and Balleta, Dezzelyn B., “The Performance of Local
Government Officials Sto. Domingo, Albay in implementing ordinances from 2008
to 2010” (Undergraduate Thesis, BUCSSP, Daraga, Albay, 2013)
34
Barbonio, John, et al, “Performancee of the Local Government Unit in
the Municipality of Bacacay. (Undergraduate Thesis.)
35
Pordan, “Evaluation of the Basic Services and Facilities in Mercedes,
Masbate City.” (Undergraduate thesis.)
36
Arimado, et. al., “Social Services by the Local Government of Pandan,
Catanduanes.” (Undergraduate Thesis)
37
http://en.Social_Liberalism//Theories
38
Ibid.
39
R.A. 9485, Anti-Red Tape Act of 2007
40
Artha Dictionary (Software application for Windows 7)
41
R.A. 9485, Anti-Red Tape Act of 2007
42
Webster’s Desk Dictionary of the English Language, Gramercy Books,
Outlet Book Company, Inc., p. 562
43
Webster’s Desk Dictionary of the English Language, Gramercy Books,
Outlet Book Company, Inc., p.578
44
Artha Dictionary (Software application for Windows 7)
45
Ibid.
46
46
Ibid.
47
Ibid.
48
Ibid.
49
Ibid.
50
Ibid.